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Terms and Conditions

Last updated January 2021

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

ANEWU Pty. Ltd. (ACN 644 071 938) t/a ANEWU Health Spa collects personal information about you through our customers and service providers as a result of the provision of professional services to our customers; through our website anewuhealthspa.com.au, social media page; and as provided by you by any other means, including either physically or electronically. Occasionally, ANEWU Health Spa may collect personal information from social media sites and from commercial data providers, referral agents and other data providers who obtained your personal information from third-party sources who hold your consent to disclose your personal information to us, or who have otherwise disclosed your personal information to us in circumstances where it is lawful to do so. Personal information will not be collected from any person who is known by ANEWU Health Spa to be under the age of sixteen (18) without the consent of a parent or legal guardian.

 

Personal information is collected in order to render services related to ANEWU Health Spa or our customers; to provide our professional services to our customers; to provide you with information about your accounts, transactions, content, services and products involving ANEWU Health Spa or our customers; to otherwise maintain our relationship with you or the relationship between you and our clients; to provide you with new releases, exclusive events, special offers, newsletters, events, promotions and activities of ANEWU Health Spa, its clients or its trusted partners; to market to you (with direct marketing materials), via any medium including mail, telephone, commercial electronic messages (such as SMS, MMS, instant messaging, email, social media, mobile applications), or any other form of electronic, emerging, digital or conventional communications channel; to provide you with relevant and targeted content and advertising, including when you browse our Websites or third party websites, including customising the Website based on your preferences; to maintain the functionality of a Website; to better understand and meet your needs and interests; to conduct market research; and to undertake recruitment for ANEWU Health Spa (if applicable).

 

Failure to provide personal information may result in ANEWU Health Spa or our clients being unable to provide you with ANEWU Health Spa’s or our clients’ goods, services, information, upcoming opportunity, promotion, event or product information, and other content, or to provide services or information requested by you.

 

Our Privacy Policy [anewuhealthspa.com.au/privacy-policy] contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how any complaint will be handled by ANEWU Health Spa. You may contact our privacy officer with any queries via

 

Email: info@anewuhealthspa.com.au

Mail: ANEWU Health Spa, Suite 5/346 Galston Road, Galston, NSW, 2159

 

Use of the Website

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern ANEWU Health Spa’s relationship with you in relation to your use of this website.

 

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to ANEWU Health Spa and “You” and “Your” refers to you, the client, visitor, website user or person using our website. If you do not agree to these Terms and Conditions, please do not use this site.

 

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms periodically prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible; but have no duty or policy to do the same, and as such material can be out of date. For your information, this page was last updated as of the date at the top of these terms and conditions.

If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ANEWU Health Spa’s rights and obligations to each other.

 

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree, accept and understand that ANEWU Health Spa is not legally responsible for any loss or damage you might suffer related to your use of the website, related but not limited to:

 

i. errors or omissions in our documents or information;

ii. reliability of any advice, opinion, statement or other information displayed on the site;

iii. any goods or services we may offer;

iv. material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk;

v. any damage to your computer system or for any loss of data that results from the download of any such material.

This includes your use or reliance on any third party content, links, comments or advertisements.

 

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific and personal requirements.

 

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. Furthermore, we make no warranty with respect to the results that may be obtained from this site, the products or services advertised or offered or merchants involved.

 

You understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any of our sites or materials or functions on any such site, even if we have been advised of the possibility of such damages.

 

LINKS TO OTHER WEBSITES

Linked third party sites are provided as a convenience to our visitors. This does not imply sponsorship, endorsement, approval or arrangement between ANEWU Health Spa and the owners of those websites. Indeed these linked sites are not under our control. To this end, ANEWU Health Spa is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by ANEWU Health Spa. You will need to exercise your own independent judgment regarding your interaction with these linked sites.

 

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, and the Competition and Consumer Act 2010 (Cth),  ANEWU Health Spa’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

 

You must be over 18 years of age to use this website and to purchase any goods or services.

 

DELIVERY OF SERVICES

Digital services purchased are delivered immediately. Please be aware there are inherent risks associated with downloading digital services and making purchases/bookings online. Should you have any technical problems downloading any of our services, please contact us so we may try to assist you.

 

REFUNDS, Cancellations and Appointment Policy

 All customers must indicate they have read appropriate contraindications pertaining to treatments they are purchasing before making payment. Customers are encouraged to discuss issues with staff and/or seek medical advice before proceeding.

 

ANEWU Health Spa handles and processes refunds in accordance with the Australian Consumer Protection legislation.

 

ANEWU Health Spa do not provide refunds for products or services as a result of change of mind or subsequently claiming they have relevant contraindications. This however does not exclude your rights for a refund under consumer law where there is a major problem with the product or service. In the event a refund is requested in light of a change in medical status post purchase, we reserve the right to request you provide us with a medical certificate.

Should you need to cancel your purchase order, this must be done within 24 hours or a $50 fee applies. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are ultimately made at the discretion of ANEWU Health Spa.

 

We require a minimum of 24 hours notice for any appointment cancellation. Likewise, any appointment can re-scheduled with 24 hours notice. In instances where an appointment needs to be re-scheduled with less than 24 hours notice, the booking must be completed that same day at another time which is available. If you fail to attend and/or reschedule an appointment, the booked treatment will be forfeited.

To ensure you get your full treatment we require you to arrive 15 minutes prior to your appointment time. If you are late, we may not be able to provide your full treatment. In the event we are unable to perform your treatment due to late arrival, the treatment will be forfeited.

ANEWU Health Spa will make best efforts to have your treatment performed by the therapist of your choosing. However there is no guarantee of this and refunds will not be given in the event a therapist is unavailable to perform your treatment.

All treatment/treatment packages are non-transferable and are valid for use for 12 months from the date of purchase; except where directly specified (eg: monthly and 3 monthly memberships). Any treatments not used within specified periods or a 12 month period from the date of purchase will be forfeited without refund.

 

PROMOTIONS

 

i. Promotions cannot be used in conjunction with any other offer.

ii. Promotions apply only to full priced treatments.

iii. Packages are not able to be split between clients or used at any other clinic other than the clinic which it was purchased at.

iv. Treatment packages are not able to be altered.

v. Promotional pricing will only apply to new bookings made and paid for during the promotion period. Promotional pricing will not apply to bookings already made.

vi. Promotions are for a limited time and are subject to availability. ANEWU Health Spa may end a promotion at any time without prior notice.

vi. ANEWU Health Spa therapists have the right to refuse treatment to any client in circumstances where the therapist deems the treatment to be unsuitable or unsafe.

 

 

CONCERNS & Complaint Management

Results from treatments can take up to 12 weeks before they are realised and results will vary from client to client. If you are dissatisfied with your results or experience an adverse reaction you agree to provide us with any information requested by us so we can assess your issues, this includes the provision of photographs. If you refuse our request for information it will impact on our ability to assist you.

 

INDEMNITY
By using ANEWU Health Spa’s website you agree to indemnify us and any affiliated entities and hold them harmless from any and all claims and expenses, including (without limitation) attorney’s fees arising from your use of the website, your use of the Products and Services, or your submission of feedback or other unsolicited efforts regardless of whether this input was requested and/or authorized by us or you.

 

EXCLUSION OF COMPETITORS

Please note if your are an individual, company or other entity, and you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ANEWU Health Spa. ANEWU Health Spa does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ANEWU Health Spa will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.  ANEWU Health Spa reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

 

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to ANEWU Health Spa. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

 

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, or other intellectual property available on our website; (b) maintain in any manner you are sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) defame or disparage us, our Trademarks, or any aspect of our website.

 

You understand you are prohibited from:

 

i. the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests;

ii. harvesting or collecting email addresses or personal information of other users;

iii. impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation;

iv. posting any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or

v. posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or encouraging any other person to do so.

 

ANEWU Health Spa expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Indeed it would be our intention to respond promptly to allegations and evidence of intellectual property infringement;  and we will take appropriate action under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

 

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and ANEWU Health Spa that results in litigation then you must submit to the jurisdiction of the courts of NSW.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Bearing this in mind, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.

 

GENERAL
A. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

 

DISCLAIMER

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use laid out above.

 

The information contained in this website is for general information purposes only and is provided by ANEWU Health Spa. Whilst we will endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to information on the website, products, services, or related graphics contained on the website for any purpose.

 

i. No information contained in the Website or the Newsletter are to be used as medical advice and the Website and Newsletter are not intended to be used to diagnose, treat, cure, or prevent any medical condition.

ii. ANEWU Health Spa give no warranty that the Website and information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management expectations you may have.

iii. Individual results may vary; within the same individual across time and between individual customers

iv. Before relying on any information or recommendations on the Website or in the Newsletter, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary.

 

You acknowledge that you are solely responsible for following, or not following any advice, using any products/services or treatment regime that we provide or recommend via the Website or in the Newsletter and that ANEWU Health Spa are not responsible for any injuries that you may suffer as a result of use of the Website or the Newsletter.

 

i. To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or the Newsletter or the information or services provided therein and we disclaim any and all liability in whatsoever from arising from any action taken or reliance by you on any information available on the Website or the Newsletter.

ii. ANEWU Health Spa are not responsible for the content, accuracy or opinions expressed on any linked third party websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by ANEWU Health Spa. When you access these third-party sites, you do so at your own risk. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses arising from your use of any link to access another site.

iii. ANEWU Health Spa is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website.

iv. We disclaim all liability for any the Website that cannot be delivered due to technological malfunctions beyond our reasonable control.

v. Furthermore we disclaim any and all liability for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website

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